The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1887-10-27
THE CONDEMNED ANARCHISTS.
Their Cases Before the Supreme
Court of the United States.

Gen. Roger A. Pryor, J. Randolph Tuck.
er, Gen. Butler, Mr.. Black and Mr.. Solo,
mon, counsel for the condemned Anarcl-
lists OF Chicago, appeared before the SUI
preme Court OF the United States in Wash
ington to move for writ OF error.
After reciting the his tory of the case and
stating that several OF the prisoners were
now under sentence OF death, Mr.. Pryo or
said:
He would call the attention OF the court
to only two points, which he relied upon
to show that the ascat the bar presented
federal questions, and that such acts
and questions empowered this court to
take jurisdiction OF it and to grant the
points related to the jury by
which the prisoners were tried.
The legislature OF Illinois passed
in March, 1874, that is, after the adop.
ton OF the Fourteenth amendment to the
constitution, Il law to regulate and govern
the empanelment Of juries in the state
courts. By virtue OF that law q jury for
the trial of criminal case might be made
up, in part at least, OF jurors who had
formed an opinion with regard to the guilt
or innocence OF the persons accused-jur-
ors who were partial. and even prejudiced
men. The law made it possible to put in.
to the jury box men who had formed an
opinion as to the prisoners guilt which
could not be removed, except by strong evil
dence. This, he believed, had been done in
the case under consideration; and the Pc
titioners asserted that this statute and the
effect giver, TO it in the courts below had
deprived them OF their rights, and was
about to deprive tfem of their lives with
out the due process OF law" guaranteed
by the federal constitution.
What is that statute Mr.. Pryor. in
CURED the chief Justice,
Mr.. Pryor sent to the chief justice, ana
then read aloud that part OF the act OF the
Illinois legislature, approved March IL,
1874, which provides:
1t shall not be a cause OF challenge that
juror has read in the newspapers an ac-
count Of the commission OF the crime with
which the prisoner is charged il such juror
shall state on oath that he believes he can
render an impartial verdict according to
the law and the evidence. In the trial oil
any criminal case the fact that a person
called as a Juror has formed an opinion OF
impression based upon rumor or upon
newspaper statements (abOut the truth oil
which he Unsurpassed no opinion) shai not
disqualify him to serve as ajuror in such case
il he shall upon oath state that he believes
he can fairly and impartially render ver-
dict therein in accordance with the law
and thsA>evidence, and the court shall be
satisfied of>the truth OF such statement.
Said Mr.. Pryor:
1t appears on >record that this statute
was called in question in the trial court as
repugnant to the provisions both OF the
federal constitution and OF the constitu-
ton oil the Illinoislsupreme court, and the
latter afterward Sustained the Judgment.
The chief justice REMARKED that the only
question for this couSt was whether the
statute was constitutiSnal. II the court
erred in it's administrations OF the statute
that was a question Tor tHe state courts.
Mr.. Pryor replied:
The action OF the state CO slrt was the ac'